RAMAGURU Vs. S ESSAKIMUTHU

JUDGEMENT

(1.) The complainant had abnormal growth of tissues in his right shoulder and was advised to undergo surgery for decompression. The complainant was admitted in the hospital on 23.5.1998 and he was operated upon. In spite of operation, he continued to experience pain in his shoulder and the right arm. He is not able to move his hand. Therefore, he had go to Chennai to consult the doctor in the Railway Hospital, but they were also not in a position to help the complainant. Therefore, alleging deficiency, the complaint has been laid against the opposite party.

(2.) The opposite party contended that the complainant came with a history of pain in his shoulder and right hand loss of sensation and diminished vascularity. He was admitted in Jeyaraj Annapackiam Mission Hospital, Palayamkottai on 23.5.1998 for operation of right I Rib removal to decompress the neuro vacular bundle. The operation was done very carefully observing all formalities and the complainant was advised to follow certain post operative treatment. But the complainant was irregular and irresponsible. Thus there was no deficiency in service.

(3.) The lower Forum allowed the complaint and directed the opposite party to pay compensation of Rs.1 lakh.